1-1           By:  Brown                                       S.B. No. 551

 1-2           (In the Senate - Filed February 12, 1997; February 17, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 4, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; March 4, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the exemption of certain persons from jury service.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 62.106, Government Code, is amended to

1-11     read as follows:

1-12           Sec. 62.106.  EXEMPTION FROM JURY SERVICE.  A person

1-13     qualified to serve as a petit juror may establish an exemption from

1-14     jury service if the person [he]:

1-15                 (1)  is over 70 [65] years of age;

1-16                 (2)  has legal custody of a child or children younger

1-17     than 10 years of age and the person's [his] service on the jury

1-18     requires leaving the child or children without adequate

1-19     supervision;

1-20                 (3)  is a student of a public or private secondary

1-21     school;

1-22                 (4)  is a person enrolled and in actual attendance at

1-23     an institution of higher education;

1-24                 (5)  is an officer or an employee of the senate, the

1-25     house of representatives, or any department, commission, board,

1-26     office, or other agency in the legislative branch of state

1-27     government;

1-28                 (6)  is summoned for service in a county with a

1-29     population of at least 200,000, unless that county uses a jury plan

1-30     under Section 62.011 and the period authorized under Section

1-31     62.011(b)(5) [62.011(b)(6)] exceeds two years, and the person [he]

1-32     has served as a petit juror in the county during the 24-month

1-33     period preceding the date the person [he] is to appear for jury

1-34     service; or

1-35                 (7)  is the primary caretaker of a person who is an

1-36     invalid unable to care for himself.

1-37           SECTION 2.  Subsection (c), Section 62.107, Government Code,

1-38     is amended to read as follows:

1-39           (c)  A person who files a statement with a clerk of the

1-40     court, as provided by Subsection (a), claiming an exemption because

1-41     the person [he] is over 70 [65] years of age, may also claim the

1-42     permanent exemption on that ground authorized by Section 62.108 by

1-43     including in the statement filed with the clerk a declaration that

1-44     the person [he] desires the permanent exemption.  Promptly after a

1-45     statement claiming a permanent exemption on the basis of age is

1-46     filed, the clerk of the court with whom it is filed shall have a

1-47     copy delivered to the county tax assessor-collector.

1-48           SECTION 3.  Section 62.108, Government Code, is amended to

1-49     read as follows:

1-50           Sec. 62.108.  PERMANENT EXEMPTION FOR ELDERLY.  (a)  A person

1-51     who is entitled to exemption from jury service because the person

1-52     [he] is over 70 [65] years of age may establish a permanent

1-53     exemption on that ground as provided by this section or Section

1-54     62.107.

1-55           (b)  A person may claim a permanent exemption:

1-56                 (1)  by filing with the county tax assessor-collector,

1-57     by mail or personal delivery, a signed statement affirming that the

1-58     person [he] is over 70 [65] years of age and desires a permanent

1-59     exemption on that ground; or

1-60                 (2)  in the manner provided by Section 62.107(c).

1-61           (c)  The county tax assessor-collector shall maintain a

1-62     current register indicating the name of each person who has claimed

1-63     and is entitled to a permanent exemption from jury service because

1-64     the person [he] is over 70 [65] years of age.

 2-1           (d)  The name of a person on the register of persons

 2-2     permanently exempt from jury service may not be placed in the jury

 2-3     wheel or otherwise used in preparing the record of names from which

 2-4     a jury is selected.

 2-5           (e)  A person who has claimed a permanent exemption from jury

 2-6     service because the person [he] is over 70 [65] years of age may

 2-7     rescind the exemption at any time by filing a signed request for

 2-8     the rescission with the county tax assessor-collector.  Rescission

 2-9     of a permanent exemption does not affect the [person's] right of a

2-10     person who is over 70 years of age to claim permanent exemption at

2-11     a later time.

2-12           SECTION 4.  This Act takes effect September 1, 1997, and

2-13     applies only to an exemption from jury service for persons summoned

2-14     to appear for service who are summoned on or after that date.  An

2-15     exemption from jury service for persons summoned to appear for

2-16     service who are summoned before the effective date of this Act is

2-17     covered by the law in effect when the person was summoned, and that

2-18     law is continued in effect for that purpose.

2-19           SECTION 5.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended.

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